There is no average truck accident settlement amount in Michigan because every claim is different. The type and amount of compensation you can recover will depend on factors unique to you and your case.
A Michigan truck accident lawyer with our law firm can ensure you identify and pursue all of your damages so you are not stuck paying out of pocket for your injury.
What Factors Affect a Truck Accident Settlement Amount?
Many factors specific to you and your case can affect the amount of your truck accident settlement. They include:
- The severity of your injury and long-term prognosis
- The extent and cost of your current and future medical treatment
- How your injuries affect your physical, mental, and emotional well-being and overall quality of life
- Your age
- Your current wages and how much time you will miss from work
- Whether or not you suffered a permanent or disabling injury that interferes with your long-term work capabilities
- The strength of your case against a negligent party
- The involved insurance policies and their limits
Recoverable Truck Accident Compensation
In general, personal injury victims can recover compensation for the following after a Michigan truck collision:
- Current and future medical expenses: Medical damages may include ambulance transportation, emergency treatment, hospitalizations, medical procedures, medical equipment, physical therapy, extended nursing, and life care.
- Lost income: You can recover lost wages from missed work. You may also qualify for compensation for the loss of your future earning capacity if your injury forces you to change jobs, permanently reduce your workload, or leave the workforce entirely.
- Household services: You can seek damages for household tasks you cannot perform due to injury, including home maintenance, cooking, cleaning, and transportation.
- Pain and suffering: These damages compensate injury victims for intangible losses, including chronic and severe physical pain, disfigurement, scarring, loss of mobility, and reduced quality of life.
- Wrongful death: If your loved one suffered a fatal injury, survivors may be able to secure wrongful death damages and survival damages. This compensation may include medical bills, funeral and burial costs, loss of the deceased’s income, services, support, and intangible benefits, the deceased’s conscious pain and suffering, and survivors’ pain and suffering.
How Will Michigan’s No-Fault Insurance Affect Your Settlement?
Motor vehicle accident victims in Michigan must turn to their personal injury protection (PIP) insurance first for compensation after an accident, regardless of who was at fault for the collision. According to Mich. Comp. Laws Ann. § 500.3107, PIP covers:
- Medical expenses (up to your policy limit)
- Up to 85 percent of your lost wages for up to three years
- Replacement services
- Some funeral and burial expenses for a fatally injured party
You should file a first-party claim and exhaust the benefits available through your policy. If you have damages exceeding your PIP coverage, you may be able to seek compensation from the negligent party who caused the crash. Third-party claims and personal injury lawsuits will allow you to pursue damages not available through No-Fault insurance, including compensation for pain and suffering.
Liability for Truck Accident Damages
If you have grounds for a liability claim, financial responsibility will rest with the negligent party whose actions caused the crash. Liability for a truck accident may rest with one or more of the following parties:
- The truck driver: Truck driver negligence includes speeding, failing to obey traffic signs and signals, driving under the influence of drugs or alcohol, driving distracted, driving fatigued, or driving recklessly and aggressively. Commercial drivers must also obey Federal Motor Carrier Safety Administration (FMCSA) rules and regulations for commercial trucks and their operators.
- The trucking company: Trucking companies can be held vicariously liable for the negligent actions of their employees. Trucking companies can also be held liable for their own negligent actions, such as failing to maintain vehicles in their fleet or failing to verify drivers’ qualifications.
- Truck owners/entities in charge of maintenance: Vehicle owners and entities charged with maintaining vehicle fleets may be liable if they failed to properly inspect and repair vehicles or ensure they were equipped with safety features, like underride guards.
- The owner of the truck’s cargo: The entity that owns the truck’s cargo or was responsible for loading the vehicle may be liable if overloaded, unsecured, shifting, falling, or dangerous cargo contributed to the collision.
- A government entity: Municipalities may bear liability if a dangerous or defective roadway was involved in the crash.
Can Hiring a Truck Accident Lawyer Increase Your Settlement?
Hiring a truck accident lawyer does not guarantee a higher settlement amount. However, a lawyer with our firm can ensure you identify all of your damages and explore all of your options for securing compensation, including filing a lawsuit and representing you at trial if necessary. Engaging legal help can also signal to opposing parties that you will not tolerate lowball offers or accept less than you deserve.
Additionally, an attorney can take the burden of your case off your shoulders. You can focus on healing or caring for your injured loved one while your legal representative investigates, builds your claim, and manages paperwork, deadlines, and other details.
How Long Do You Have to File a Truck Accident Lawsuit?
Auto insurance policies can have short deadlines, so you should file claims immediately. If you must file a personal injury or wrongful death lawsuit to get fair compensation, Mich. Comp. Laws Ann. § 600.5805 establishes a three-year statute of limitations.
Contact Christensen Law About Your Truck Accident Case
Christensen Law has represented injured clients from across Michigan since 1991. Our truck accident lawyers can handle every detail of your case from start to finish and aggressively pursue the maximum settlement possible for your personal injury. We have recovered multi-million dollar awards and are prepared to go to trial to get the money you deserve.
Contact us online or call 24/7 for a free consultation. We have offices in Ann Arbor, Detroit, Grand Rapids, Southfield, and Troy and serve clients statewide. You do not pay attorney fees until we win your case.